Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University at Buffalo School of Law (4)
- Selected Works (3)
- American University Washington College of Law (2)
- Maurer School of Law: Indiana University (2)
- Saint Louis University School of Law (2)
-
- SelectedWorks (2)
- St. John's University School of Law (2)
- University of Baltimore Law (2)
- University of Michigan Law School (2)
- William & Mary Law School (2)
- Boston University School of Law (1)
- Brigham Young University Law School (1)
- Brooklyn Law School (1)
- Columbia Law School (1)
- Duke Law (1)
- Golden Gate University School of Law (1)
- Notre Dame Law School (1)
- Singapore Management University (1)
- UIC School of Law (1)
- University of Cincinnati College of Law (1)
- University of Colorado Law School (1)
- University of Kentucky (1)
- University of Pittsburgh School of Law (1)
- University of Washington School of Law (1)
- Vanderbilt University Law School (1)
- Washington University in St. Louis (1)
- Wayne State University (1)
- West Virginia University (1)
- Keyword
-
- Elections (6)
- Election law (5)
- Voting (5)
- Voting Rights Act (5)
- Democracy (4)
-
- Campaign finance (3)
- Election Law (3)
- Campaign spending (2)
- Citizens United v. FEC (2)
- Citizens united (2)
- Disclosure (2)
- Disenfranchisement (2)
- Federalism (2)
- First amendment (2)
- Judges (2)
- Judicial elections (2)
- Judicial review (2)
- Judicial selection (2)
- Law (2)
- Political Regime (2)
- Racial discrimination (2)
- Voters (2)
- Voting rights (2)
- Absentee Voting (1)
- Affirmative action (1)
- Affirmative preferences (1)
- American democracy (1)
- American politics (1)
- And Fifteenth Amendments (1)
- Assembly Committee on Elections and Redistricting (1)
- Publication
-
- Faculty Scholarship (5)
- All Faculty Scholarship (4)
- Journal Articles (3)
- Articles by Maurer Faculty (2)
- Articles in Law Reviews & Other Academic Journals (2)
-
- Faculty Publications (2)
- Javier Revelo-Rebolledo (2)
- Articles (1)
- Buffalo Law Review (1)
- Buffalo Public Interest Law Journal (1)
- California Assembly (1)
- Faculty Articles and Other Publications (1)
- GIAN CARLOS MANTARI MANTARI (1)
- Kentucky Law Journal (1)
- Law Faculty Research Publications (1)
- Leonid G. Berlyavskiy (1)
- Lloyd Hitoshi Mayer (1)
- Michigan Journal of International Law (1)
- Michigan Law Review (1)
- Publications (1)
- Research Collection Yong Pung How School Of Law (1)
- Scholarship@WashULaw (1)
- UIC Law Review (1)
- Vanderbilt Journal of Transnational Law (1)
- Washington International Law Journal (1)
- West Virginia Law Review (1)
- William & Mary Bill of Rights Journal (1)
- William & Mary Law Review (1)
- Publication Type
Articles 1 - 30 of 41
Full-Text Articles in Law
Election Campaigns And Democracy: A Review Of James A. Gardner, What Are Campaigns For? The Role Of Persuasion In Electoral Law And Politics, Richard Briffault
Election Campaigns And Democracy: A Review Of James A. Gardner, What Are Campaigns For? The Role Of Persuasion In Electoral Law And Politics, Richard Briffault
Buffalo Law Review
No abstract provided.
A 30-Per-Cent Deviation Is Too Wide, Tan K. B. Eugene
A 30-Per-Cent Deviation Is Too Wide, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Following Prime Minister Lee's recent announcement that the Electoral Boundaries Review Committee (EBRC) had been convened, SMU Assistant Professor Eugene Tan opined that the 30-per-cent deviation rule, of which the EBRC operates on, is too wide and ?overly-generous? in small and compact Singapore. Professor Tan also commented that the committee's redrawing of electoral boundaries should avoid being seen as gerrymandering.
Quién Responde? Las Sanciones A Las Organizaciones Políticas Y Sus Directivos, Juan F. Jaramillo, Javier Revelo-Rebolledo
Quién Responde? Las Sanciones A Las Organizaciones Políticas Y Sus Directivos, Juan F. Jaramillo, Javier Revelo-Rebolledo
Javier Revelo-Rebolledo
No abstract provided.
Identifying And Enforcing Back-End Electoral Rights In International Human Rights Law, Katherine A. Wagner
Identifying And Enforcing Back-End Electoral Rights In International Human Rights Law, Katherine A. Wagner
Michigan Journal of International Law
From Kenya to Afghanistan, Ukraine, the United States, Mexico, and Iran, no region or form of government has been immune from the unsettling effects of a contested election. The story is familiar, and, these days, hardly surprising: a state holds elections, losing candidates and their supporters claim fraud, people take to the streets, diplomats and heads of state equivocate, and everyone waits for the observers' reports. It is the last chapter of this story-the resolution-that remains unfamiliar and still holds the potential to surprise. The increasing focus on and importance of the resolution of contested elections, that resolution's link to …
Estado Alterado. Clientelismo, Mafias Y Debilidad Institucional En Colombia, Mauricio García-Villegas, Javier Revelo-Rebolledo
Estado Alterado. Clientelismo, Mafias Y Debilidad Institucional En Colombia, Mauricio García-Villegas, Javier Revelo-Rebolledo
Javier Revelo-Rebolledo
The Incompatability Of Competitive Majority-Minority Districts And Thornburg V. Gingles, Amy Rublin
The Incompatability Of Competitive Majority-Minority Districts And Thornburg V. Gingles, Amy Rublin
Buffalo Public Interest Law Journal
No abstract provided.
Disproportionate Disenfranchisement Of Aboriginal Prisoners: A Conflict Of Law That Australia Should Address, Megan A. Winder
Disproportionate Disenfranchisement Of Aboriginal Prisoners: A Conflict Of Law That Australia Should Address, Megan A. Winder
Washington International Law Journal
In 2006, Australia’s Parliament banned all prisoners from voting. A year later, Vickie Lee Roach, a female prisoner of Aboriginal descent, challenged the blanket ban promulgated in the 2006 amendment to the Commonwealth Electoral Act of 1918 (“Electoral Act”). Vickie won, but in a limited way. The High Court found an implied right to vote in the Australian Constitution, but held that Parliament could limit such voting, as it did in the Electoral and Referendum Amendment of 2004 (“E & R Amendment”), disenfranchising any prisoner serving three or more years in jail. This Comment argues that the E & R …
Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes
Consumer Assent To Standard Form Contracts And The Voting Analogy, Wayne Barnes
West Virginia Law Review
No abstract provided.
The Vote From Beyond The Grave, Krysta R. Edwards
The Vote From Beyond The Grave, Krysta R. Edwards
William & Mary Law Review
No abstract provided.
The Election Period And Regulation Of The Democratic Process, Saul Zipkin
The Election Period And Regulation Of The Democratic Process, Saul Zipkin
William & Mary Bill of Rights Journal
No abstract provided.
Note, Making Ballot Initiatives Work: Some Assembly Required, Portia Pedro
Note, Making Ballot Initiatives Work: Some Assembly Required, Portia Pedro
Faculty Scholarship
For over one hundred years, the ballot initiative or proposition has been touted as a solution to some of the problems in the representative system of democracy in the United States. Depending on a state’s ballot initiative system, this mechanism enables citizens to make laws, to create or eliminate rights, or to amend the state’s constitution through a popular vote. Popular initiatives were initially intended to allow ordinary citizens to intervene in the democratic process when their representative officials were not carrying out their wishes. These proposition processes were supposed to create a space for public deliberation. By allowing the …
The Pursuit Of Perfection: Congressional Power To Enforce The Reconstruction Amendments, A. Christopher Bryant
The Pursuit Of Perfection: Congressional Power To Enforce The Reconstruction Amendments, A. Christopher Bryant
Faculty Articles and Other Publications
In June 2009 the Supreme Court avoided a decision on the constitutionality of the Voting Rights Act's preclearance requirement, while at the same time managing to foreshadow that provision's ultimate demise. In a separate opinion, Justice Thomas announced that he would have reached the issue and invalidated the preclearance requirement. Conceding that unconstitutional racial discrimination in the administration of elections continued to be an unfortunate reality, he asserted that Congress was not permitted to pursue "perfect compliance" with the Constitution's mandate via the use of "broad prophylactic legislation."
Justice Thomas's statement accurately, though to be sure rather starkly, expressed an …
Voting Power Without Responsibility Or Risk: How Should Proxy Reform Address The Decoupling Of Economic And Voting Rights, Roberta S. Karmel
Voting Power Without Responsibility Or Risk: How Should Proxy Reform Address The Decoupling Of Economic And Voting Rights, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Outsourcing Democracy: Redefining The Public Private Partnership In Election Administration, Gilda R. Daniels
Outsourcing Democracy: Redefining The Public Private Partnership In Election Administration, Gilda R. Daniels
All Faculty Scholarship
“We are left with a system in which almost every state still outsources its elections to what are actually private organizations.”
Federal, state and local governments are deeply indebted to private organizations, political parties, candidates, and private individuals to assist it, inter alia, in registering voters, getting citizens to the ballot box through get out the vote campaigns (GOTV), assisting limited English proficient (LEP) citizens, and monitoring Election Day activities. In a recent Supreme Court case, Crawford v. Marion County, Justice Souter recognized that voting legislation has “two competing interests,” the fundamental right to vote and the need for governmental …
Assembly Committee On Elections And Redistricting Summary Of Legislation 2010, Assembly Committee On Elections And Redistricting
Assembly Committee On Elections And Redistricting Summary Of Legislation 2010, Assembly Committee On Elections And Redistricting
California Assembly
No abstract provided.
Reconfiguración Del Sistema De Gobierno Peruano, Gian Carlos Mantari Mantari
Reconfiguración Del Sistema De Gobierno Peruano, Gian Carlos Mantari Mantari
GIAN CARLOS MANTARI MANTARI
No abstract provided.
Проблемы Регулирования И Реализации Полномочий Наблюдателей В Избирательных Правоотношениях, Leonid G. Berlyavskiy, Nickolay Taraban
Проблемы Регулирования И Реализации Полномочий Наблюдателей В Избирательных Правоотношениях, Leonid G. Berlyavskiy, Nickolay Taraban
Leonid G. Berlyavskiy
Elections as the most significant form of implementation of democracy demand maximum publicity and transparency. Only transparent and fair elections do the selected power legitimate. Observers as the subjects of electoral process both national and the international levels urged to provide publicity of activity of electoral bodies. Efficiency of realization of powers of observers depends on the quality of legal regulation of supervision in electoral legal relationship
Citizens Disunited, Steven L. Winter
Citizens Disunited, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
Defending The Majoritarian Court, Amanda Frost
Defending The Majoritarian Court, Amanda Frost
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Transformation Of Freedom Of Speech: Unsnarling The Twisted Roots Of Citizens United V. Fec, 44 J. Marshall L. Rev. 69 (2010), Steven J. André
The Transformation Of Freedom Of Speech: Unsnarling The Twisted Roots Of Citizens United V. Fec, 44 J. Marshall L. Rev. 69 (2010), Steven J. André
UIC Law Review
No abstract provided.
Too Much Of A Good Thing: Campaign Speech After Citizens United, Molly J. Walker Wilson
Too Much Of A Good Thing: Campaign Speech After Citizens United, Molly J. Walker Wilson
All Faculty Scholarship
In January 2010, the Supreme Court in Citizens United v. Federal Election Commission overturned Austin v. Michigan Chamber of Commerce and the portion of McConnell v. Federal Election Commission that restricted independent corporate expenditures, as codified in section 203 of the Bipartisan Campaign Reform Act. Specifically, Citizens United invalidated laws forbidding corporations and unions from using general treasury funds for “electioneering communication,” political advocacy transmitted by broadcast, cable, or satellite communication in the period leading up to a federal election. The effect of Citizens United was to protect the right of corporations, no less than individual American citizens, to fund …
Behavioral Decision Theory And Implications For The Supreme Court’S Campaign Finance Jurisprudence, Molly J. Walker Wilson
Behavioral Decision Theory And Implications For The Supreme Court’S Campaign Finance Jurisprudence, Molly J. Walker Wilson
All Faculty Scholarship
America stands at a moment in history when advances in the understanding of human decision-making are increasing the strategic efficacy of political strategy. As campaign spending for the presidential race reaches hundreds of millions of dollars, the potential for harnessing the power of psychological tactics becomes considerable. Meanwhile, the Supreme Court has characterized campaign money as “speech” and has required evidence of corruption or the appearance of corruption in order to uphold restrictions on campaign expenditures. Ultimately, the Court has rejected virtually all restrictions on campaign spending on the ground that expenditures, unlike contributions, do not contribute to corruption or …
The Dilemma Of Direct Democracy, Craig M. Burnett, Elizabeth Garrett, Mathew D. Mccubbins
The Dilemma Of Direct Democracy, Craig M. Burnett, Elizabeth Garrett, Mathew D. Mccubbins
Faculty Scholarship
The dilemma of direct democracy is that voters may not always be able to make welfare- improving decisions. Lupia’s seminal work has led us to believe that voters can substitute voting cues for substantive policy knowledge. Lupia, however, emphasized that cues were valuable under certain conditions and not others. In what follows, we present three main findings regarding voters and what they know about California’s Proposition 7. First, much like Lupia reported, we show voters who are able to recall endorsements for or against a ballot measure vote similarly to people who recall certain basic facts about the initiative. We …
Standardizing The Principles Of International Election Observation, Jonathan Misk
Standardizing The Principles Of International Election Observation, Jonathan Misk
Vanderbilt Journal of Transnational Law
On October 27, 2005, thirty-two international nongovernmental organizations (INGOs) and intergovernmental organizations (IGOs) signed the Declaration of Principles for International Election Observation, drafted with the assistance of the United Nations. For nearly four decades before the signing of the Declaration, international election observation rapidly gained acceptance as a legitimate method of guaranteeing free and fair elections and thus promoting lasting democratic institutions. Many INGOs and IGOs conducting observation missions--including the Organization for Security and Cooperation in Europe, the Organization of American States, the South African Development Community, and the Carter Center-independently developed standards for their observers to follow. As international …
Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh
Judicial Elections In The Aftermath Of White, Caperton, And Citizens United, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Identitarian Violence And Identitarian Politics: Elections And Governance In Iraq, Haider Ala Hamoudi
Identitarian Violence And Identitarian Politics: Elections And Governance In Iraq, Haider Ala Hamoudi
Articles
This Essay, originally published in a 2010 issue of the Harvard International Law Journal (Online), maintains that it is a mistake to ask whether or not the United States was wise to have "allowed" elections in Iraq as early as it did following its overthrow of the Saddam Hussein regime in 2003. Such a question presumes an absence of domestic agency that was certainly not the case in Iraq, and is probably not the case in any modern society under occupation. Domestic demands coming from domestic forces seeking to shore up their own power base almost necessitated the outcome of …
The Dignity Of Voters—A Dissent, James A. Gardner
The Dignity Of Voters—A Dissent, James A. Gardner
Journal Articles
Since the waning days of the Burger Court, the federal judiciary has developed a generally well-deserved reputation for hostility to constitutional claims of individual right. In the field of democratic process, however, the Supreme Court has not only affirmed and expanded the applications of previously recognized rights, but has also regularly recognized new individual rights and deployed them with considerable vigor. The latest manifestation of this trend appears to be the emergence of a new species of vote dilution claim that recognizes a constitutionally grounded right against having one’s vote “cancelled out” by fraud or error in the casting and …
Governing The Presidential Nomination Commons, Brigham Daniels
Governing The Presidential Nomination Commons, Brigham Daniels
Faculty Scholarship
States jockeying to hold primaries and caucuses as early as possible has become the central theme of the presidential primary system. While the trend of racing to vote is not new, it has increased alarmingly. In 2008, more than half the states held contests by the first week of February. This free-for-all hurts the democratic process by encouraging uninformed voting, emphasizing the role of money in campaigns, and pressing candidates to rely on sound-bite campaigning. Because the presidential nomination is one of the most important decisions left to voters in the United States, this problem is well-recognized. It is also …
English Only?--The "Power" Of Kentucky's Official Language Statute, Mark A. Flores
English Only?--The "Power" Of Kentucky's Official Language Statute, Mark A. Flores
Kentucky Law Journal
No abstract provided.
Anti-Regulatory Absolutism In The Campaign Arena: Citizens United And The Implied Slippery Slope, James A. Gardner
Anti-Regulatory Absolutism In The Campaign Arena: Citizens United And The Implied Slippery Slope, James A. Gardner
Journal Articles
Perhaps the most striking feature of the Supreme Court’s constitutional campaign jurisprudence is its longstanding, profound hostility to virtually any government regulation whatsoever of campaign speech and spending. Such an approach is highly unusual in constitutional law, which typically tolerates at least some level of regulatory intervention even with respect to strongly protected rights. The Court’s behavior in this respect is consistent with – and, I argue, is best understood as – the kind of behavior in which a court engages when it fears a slide down a slippery slope. But what lies at the bottom of the slope? And …